TWM Imports Pty Ltd - s.87B undertaking

Company or individual details

  • TWM Imports Pty Ltd
    061 735 699

Undertaking

The ACCC has accepted a section 87B undertaking from TWM Imports Pty Ltd (TWM) following an investigation relating to breaches of the Australian Consumer Law (ACL, in Schedule 2 of the Competition and Consumer Act 2010. TWM has also paid three Infringement Notice Penalties to the ACCC in the amount of $19,800.

TWM admits it has contravened section 106, section 18, and sub-section 29(1)(a) of the ACL by supplying hydraulic trolley jacks that did not comply with the mandatory Australian and New Zealand Safety Standard and by making false and misleading representation in relation to the jacks' compliance with the Safety Standard.

Between February 2009 and July 2011, TWM supplied 271 jacks that did not comply with clauses in the Safety Standard relating to eccentric load testing and warning label requirements.

TWM has conducted a voluntary national product safety recall of the jacks and fully co-operated with the ACCC investigation.

The ACCC was particularly concerned about this conduct because non-compliance with the mandatory standard places consumers at risk of injury.

To address the ACCC's concerns, TWM has provided the ACCC with the court enforceable Undertakings which require TWM to:

  • refrain from engaging in similar conduct in the future;
  • destroy all stock of the non-compliant jacks and verify the same to the ACCC; and
  • establish and implement a Trade Practices Compliance Program.

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